CHARTER OF RIGHTS

7-12

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CHARTER OF RIGHTSYou have the right to have contact with your family and community.

You have the right to be told why you are in care and to keep a record of your time in care.

You have the right to ask for any information that is being kept about you, to read your file and to add any information to your file.

You have the right to be treated fairly.

You have the right to be treated with respect.

You have the right to feel safe and not be abused.

You have the right to complain.

You have the right to services that promote your health and wellbeing.

You have the right to ask for extra help with your education.

If you have to go to court, you have the right to be helped and supported.

You have the right to do things that you enjoy.

You have a right to your own beliefs and way of life.

You have the right to make choices about everyday matters.

You have the right to say what you are thinking and feeling.

You have the right to take part in making important decisions affecting your life.

Before leaving care, you have the right to be involved in planning the kind of support and assistance you may need after leaving care.

What you need to know while you’re in out-of-home care (OOHC)

Watch our videos: www.facs.nsw.gov.au/cor

4 5CONTACT

IT’S YOUR RIGHT TO KNOW YOUR FAMILY

Who would you like to stay in touch with?

We all have people who are important to us.

For some people it’s mum, dad, brothers or sisters, and for others it’s

aunties or uncles, grandparents or friends or a previous carer.

If you don’t want to stay in touch with some people, that’s OK too.

You can tell your carer or caseworker who is

important to you.

6 7RECORDS

IT’S YOUR RIGHT TO ASK WHY YOU ARE IN CARE

Not all children can live with their mum or dad. There are lots of reasons why they live with someone else.Sometimes this can be a little confusing.

Do you know why you’re not living with your

mum or dad?

Sometimes it can be hard asking your carer or caseworker

about these things, so if it’s easier you can write it down.

Remember, you can ask about why you are in care,

it’s your right to know.

Yes No

8 9RESPECT

IT’S YOUR RIGHT TO FEEL SAFE, SECURE AND CARED FOR

Have you ever felt sad?

What helped you to feel less scared?

Who helped you when you felt sad?

Have you ever been scared?

Yes

Yes

No

No

Everybody should feel safe and cared for. Sometimes we feel sad or scared and

that’s not very nice.

If you feel sad or scared about anything, it’s important to tell

someone who can help you.

10 11SUPPORT

IT’S YOUR RIGHT TO ASK FOR HELP

Who would you ask for help, if you needed it?

What’s something you might need help with?

Everyone needs help sometimes.Some people ask for help with their

schoolwork, hobbies or even when they feel sick.

Well, you can ask for help, and complain if you feel you

are being treated unfairly.

12 13LIFESTYLE

IT’S YOUR RIGHT TO DO THINGS THAT MAKE YOU HAPPY

You should also be asked what you think when important decisions are made about your life. It’s really important to say what you think and how you feel.

Who do you think could help you to learn more about your family’s story?

What’s something that makes you happy?

Everyone should be happy and do the things they enjoy.

Some people want to know more about their family, where they’re from and their culture. Some like to spend time with their friends.

14 15FUTURE PLANNING

IT’S YOUR RIGHT TO TALK ABOUT YOUR FUTURE

Everyone has hopes for the future and things they want to do when they grow up.

It’s important you feel happy about your future.

If you have any worries it’s important you talk to your carer, caseworker or someone you trust.

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NSW Department of Family and Community ServicesThe Community Services website tells you about out-of-home care and what services and supports are available. Contact details for other organisations involved in out-of-home care are also on this site.9716 2222 | www.community.nsw.gov.au facsinfo@facs.nsw.gov.au | @facsnsw www.facebook.com/familyand communityservicesnsw

FACS Careleavers LineContact the FACS Careleavers Line if you have any questions about leaving care or aftercare support. 1800 994 686 CareleaversLine@facs.nsw.gov.au

Kids HelplineKids Helpline is a free, confidential and anonymous telephone and online counselling service especially for children and young people aged 5-18 years. Contact them 24 hours a day by phone, or see their website for webchat or email counselling. 1800 55 1800 | www.kidshelpline.com.au counsellor@kidshelpline.com.au www.facebook.com/KidsHelpline

LifelineLifeline provides 24-hour telephone counselling for the cost of a local call. Visit their website for online crisis support webchat.13 11 14 | www.lifeline.org.au @LifelineAust www.facebook.com/LifelineAustralia

eheadspaceeheadspace is a confidential online and telephone support service for children and young people aged 12-25 years who want to get in touch with a youth mental health professional. eheadspace is not a crisis service. See their website for email and online chat support. 1800 650 890 | www.eheadspace.org.au @headspace_aus www.facebook.com/headspaceAustralia

Twenty10 AssociationTwenty10 offers a range of support services for people of diverse genders, sexes, sexualities, their families and communities. This includes specialised services for young people from 12 years. 8594 9555 | Rural Freecall 1800 65 2010 www.twenty10.org.au info@twenty10.org.au | @twenty10 www.facebook.com/Twenty10incGLCSNSW

NSW Children’s GuardianThe job of the Children’s Guardian is to improve out-of-home care services and make sure your rights are respected.8219 3600 | www.kidsguardian.nsw.gov.au kids@kidsguardian.nsw.gov.au @nswkidsguardian

CREATE FoundationCREATE Foundation is the national peak consumer body representing the voices of children and young people with an out-of-home care experience. We provide programs and services to children and young people in care and develop policy and research to advocate for a better care system. Ask about clubCREATE for kids in care. 1800 655 105 | www.create.org.au nsw@create.org.au | @CREATEfnd www.facebook.com/CREATEfnd

NSW Advocate for Children and Young PeopleThe Advocate works to improve the safety, welfare and well being of all children and young people in NSW. We speak up for children and young people to ensure that their rights are respected and their points of view heard by adult decision makers. We engage with the children and young people of NSW and listen to their feedback and input.9248 0970 | www.acyp.nsw.gov.au acyp@acyp.nsw.gov.au | @acypNSW www.facebook.com/acypNSW

For more information about OOHC

For advice or to talk things through with someone

Who to contact if you want to make a complaint…If you are not happy with the care or services you are getting you can make a complaint and ask for things to be changed.

1. First speak to your carer or a caseworker. If you do not feel comfortable doing this or if you are not happy with what they say, there are other people who can help.

2. Ask your carer or caseworker to help you talk to a manager at your local FACS Community Services Centre, or in your out-of-home care agency.

3. If you have tried steps one and two and still don’t think that your complaint has been fixed you can contact the FACS Enquiry, Feedback and Complaints Unit.Phone: 1800 000 164 (freecall)Email: complaints@facs.nsw.gov.auThe Enquiry, Feedback and Complaints Unit will need your name, address and details of your concern or complaint.

4. Children and young people in out-of-home care can also contact the NSW Ombudsman who support young people to make complaints about NSW government agencies and services; they have a Youth Liaison Officer you can talk to. Their free number is: 1800 451 524 or you can make a complaint online: www.ombo.nsw.gov.au.

Which CSC or organisation to contact:

Contact number:

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Charter of rights for children and young people in out-of-home care in New South WalesHere’s some more information about the special rights of children and young people in out-of-home care in NSW.

1. You have the right to take part in making important decisions about your life. This means that the people who make decisions about you must listen to your wishes and take them seriously. If the decisions are not what you want, your carer or caseworker should explain to you why your wishes were not followed. It is important to tell your carer or caseworker what you think about the decisions that adults are making about your life. It is also important that when a decision is made that you do not agree with, it is explained to you in a way you understand.

2. You have the right to say what you are thinking and feeling.This means that you should be able to tell your carer or caseworker what you are thinking and how you are feeling about what is happening in your life. Your caseworker and carer should listen to what you tell them. You should not feel worried or scared about talking to them about things in your life. You and your carer or caseworker should respect each other’s point of view when you talk to each other.

3. You have the right to make choices about everyday matters.This means that you should be given the opportunity to say what you think about things like the types of clothes you want to wear or the food you like, just like other people your age.

4. You have the right to be treated fairly.This means that the people who are responsible for you should treat you like they treat others. They should not treat you differently because of what has happened to you or because you are not living with your family.

It is important that you also treat other people fairly.

5. You have the right to be treated with respect.People should speak to you in ways that show that they care about what you think and feel. They should ask your opinions, listen to what you have to say, and respect your privacy. You need to also respect the thoughts and feelings of other people.

6. You have the right to feel safe, and not be abused.This means that a responsible adult should always be there to help you, to keep you safe and not let anybody hurt you. If you feel scared or you are being hurt, you need to tell your carer, caseworker, or another responsible adult who will be able to help you.

7. You have the right to be told why you are in care and to keep a record of your time in care.If you don’t understand why you are in care you can ask your carer or caseworker to explain this to you. Any court orders, other agreements or care plans that talk about your future should be explained to you.You can help keep a record of your life and experiences in care by collecting things that are important to you to put into your ‘life story’ record. If you do not have a life story record, ask your caseworker or carer so they can get one for you. Your carer will also help you with this.

8. You have the right to ask for any information that is being kept about you, to read the file about your time in care and to add information to this file.If you want to find out what information is on the file about your time in care, you can ask a caseworker to help you look at

the information. Your carer can help you to get this information. You can access the file about your time in out-of-home care at any time whether you are still in care or have left care. You do not have to pay for this. Your caseworker should help you read the file and explain things that you don’t understand.

9. You have a right to have contact with your family and community. You should be able to keep in touch with people and places that are important to you like your family, close friends and members of your cultural or religious community when this is what you want and where it is possible for this to happen.Your caseworker or carer can help you keep in touch with these people. This includes people who can teach you about your culture, religion or first language. You need to tell your carer or caseworker which people and places are important to you and who you want to keep in touch with.It is OK if you don’t want to keep in touch with some people. You need to tell a caseworker or carer about this. Your caseworker or carer can only stop you seeing people if they think it is not safe or it would not be good for you.

10. You have the right to your own beliefs and way of life.It is important for you to think carefully about what religious or cultural things are important to you and ask your carer or caseworker to help you keep practising them. You don’t have to change your name, your religion, stop speaking the language you prefer or stop doing things that are important to you culturally. You do not have to participate in the cultural or religious practices of your carers if you don’t want to.

11. You have the right to services that promote your health and well-being.You should be able to see a health worker (like a doctor, nurse, dentist, counsellor or social worker), or be taken to hospital, if you need to. When you are sick or having a check-up you should always be told what the health workers are going to do. If you don’t understand what is happening ask them to explain again so that you do understand.If you are 14 years or over, you can give permission for a test or treatment, as long as you understand the nature, consequences and risks of the treatment. You must understand and voluntarily agree to treatment before it can be given.If you feel sick, have a medical problem or are worried about something, it is important to tell your carer or caseworker so that they can get the right help to make you well.

12. You have a right to ask for extra help with your education.If you are having problems with any of your subjects at school, you need to tell your teacher, carer or caseworker who can help you get more support. They can talk to the school counsellor or get you extra tutoring if this is needed.If you think you are having any problems at school you can tell your teacher, carer or caseworker and ask them to help you.

13. You have the right to do things that you enjoy.Your carer should try to help you do things you enjoy, like sports or hobbies, as long as they are legal, affordable and not dangerous. If you move to another carer it is important you are helped to stay involved in activities you want to keep doing where this is possible.Tell your carer or caseworker about these so they can see if it is possible to help you continue to take part in them.

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14. You have the right to be involved in planning before you leave care and to identify what support and assistance you will need after leaving care.If you are 15 or over it is important that you have a plan before you leave care. This plan will set out if you are likely to need support, the type of support you may need and how you might be able to get this. It is based on an assessment of your individual situation and you may be able to get help from FACS as well as from other places.Contact details for the services that can help you are available on the FACS website www.community.nsw.gov.au or from your local Community Services Centre (their details are on the website too).You should think about what you might need help with and tell your caseworker.

15. If you have to go to court, you have the right to be helped and supported.This means you will have a lawyer to help you tell your story in court. You need to tell your lawyer what you want the court to know and you need to give them the information that will help them tell your story truthfully.You can also choose a responsible adult to support you.If you are taken into custody by the police you must never be locked up with adults.

16. You have the right to complain.If you are not happy with the quality of your care or with the services you receive, you can make a complaint. There are a number of ways you can do this but, if possible, it would be good to talk about this to your carer, caseworker or someone at FACS first.If you don’t think you can do this, turn to page 16 of this booklet where you can read more information about how to complain to other people who may be able to help you. If you are unhappy with your care or the services you are getting it is important that you tell someone who can help you. It will help if you can tell someone what is making you unhappy.

NOTESMy FACS Community Services Centre (CSC) or care organisation is:

(ask your carer if you are not sure)

The FACS CSC / care organisation phone number is:

When I call the FACS CSC / care organisation, I should ask to speak to:

Other people who can help me:

If you or someone you know is being abused or is unsafe, call the Child Protection Helpline

on 132 111

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NOTES

Enquiries about this booklet should be directed to:OOHC InitiativesNSW Department of Family and Community ServicesPhone: 9716 2222Email: facsinfo@facs.nsw.gov.auMail: Locked Bag 4028 ASHFIELD NSW 2131

Watch our videos: www.facs.nsw.gov.au/cor

© NSW Department of Family and Community Services. All rights reserved. Except as provided in the Copyright Act (1968) no part of this work may be reproduced, translated, modified, reduced, transmitted or stored in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system, without prior written permission of the NSW Department of Family and Community Services. www.community.nsw.gov. au ISBN 0 7310 4395 2 August 2016